POSTAL BALLOT PAPER

1
POSTAL BALLOT PAPER
DISTRICT ELECTION OFFICE
BHILWARA
2
Voters entitled to vote by post
Relevant provisions of election law Relevant provisions of election law
Sec.20 of RP Act, 1950 Definition of Ordinary Resident Sec. 60 of RP Act., 1951 Special provisions for certain classes of voters
Rule. 17, 18(a)(c), 20-21 27B of CE Rules, 1961 Rule. 17, 18(a)(c), 20-21 27B of CE Rules, 1961
3
Following class of electors can exercise their
voting right through Postal Ballot Paper (PB)

• Service Voters (including their wives)
  except those Classified Service voters, as
  defined in Rule 27M of CE Rules 1961, who opted
  for proxy voting.
• Special Voters - (including their wives)
  who are holding declared offices. List of such
  declared offices is given in footnote below at
  Sec. 20 of RP Act, 1950.
• Electors subjected to preventive detention
  under any law .

4
Contd

• Voters on election duty - These include
  Presiding/Polling Officer, State Police personnel
  (other than those who are on leave) , Observers
  and staff accompanying them, Micro Observers,
  staff engaged in work related to elections, such
  as videographers, staff of expenditure monitoring
  teams, staff working in control room, helpline
  staff, those appointed for dispatch and receiving
  of poll material, EVM maintenance, BLOs,
  Drivers/Helpers etc. actually employed on
  requisitioned vehicles also.
• Notified voters In special circumstances
  such class of persons is notified . By ECI under
  Sec. 60 (c) of RP Act 1951.

5
Design of postal ballot papers

• Design of postal ballot papers (PB) (ECI
  direction under R.22 of CE Rules, 1961 reproduced
  in ROs handbook) -
• It shall have counterfoil attached to it at the
  top.
• In election to House of People PB shall be
  printed on White paper and for election to
  Legislative Assembly on Pink paper.
• Width of PB shall be between 3" and 4".

6
Contd

• Single column - up to 9 candidates In case of
  indivisible numbers of candidates, e.g. 11
  candidates' first six candidates will be shown in
  first column and remaining 5 will be shown in
  second column, and space at the end of second
  column for 12th candidate will be completely
  shaded.
• Names of candidates shall be arranged in the
  same order under 3 categories in which they
  appear in the list of contesting candidates
  (Form 7A). However, headings of categories should
  not appear in PBs.

7
Contd

• Symbols will not be printed.
• Party affiliation, if any, shall be printed
  along with the name of candidate.
• Party affiliation will be shown for the
  candidates set up by all political parties
  (recognized and unrecognized both).
• For independent candidates the word
  "Independent" will be printed.
• PB will be printed both in official language of
  the State and also in English where it is not
  official language of the State/ UT.

8
Language of postal ballot paper

• As per Direction issued by ECI under Rule 22 of
  CE Rules 1961
• Counterfoil in English only.
• Particulars of Candidates and party affiliation
  in official language of the State and English
  both.
• Particulars in official language of the State
  will appear first over those in English.
• Particulars of Constituency and election in
  ballot paper will appear in English only.

9
Printing of postal ballot papers

• DEO responsible for printing of PB for all ACs/
  PCs within the District.
• In the first phase, printing of postal ballots
  for service voters should be completed within 24
  hours of withdrawal of candidatures.
• For other categories these should be printed in
  2nd phase and within 72 hours of withdrawal.
• To be stitched in bundles of 50 ballot papers.
• Ensure that Serial number on postal ballot and
  on its counterfoil are identical.

10
Dispatch of PB to service voters

• PB for the service electors will be centrally
  dispatched from the District Head Quarters
  itself.
• The District Electoral Officer will appoint a
  suitable officer as the Nodal Officer to
  supervise the entire process of dispatching
  postal ballots to service electors.
• The DEO will co-ordinate with the senior
  officials of the Postal Department to ensure that
  a team of postal department officials receives
  covers containing the postal ballot papers from
  that location itself and the ballots are sent to
  the right address without any delay.

11
Contd

• The details of postal ballots sent AC wise shall
  be maintained in the form of a register giving
  the details and the signature of the postal
  authorities shall be obtained in the register.
• Each R.O shall depute a team of officers
  including an ARO with details of Service Electors
  to whom PBs are to be dispatched on the basis of
  the last part of the electoral roll.
• Service voters, who opted for proxy voting, not
  to be issued PB.

12
Contd

• One of the Observers available in the district
  headquarters shall personally monitor the entire
  process of dispatch.
• Observer to send a detailed report to the
  Commission as soon as the dispatch of postal
  ballots meant for service voters is completed.
• The entire process must be video graphed.
• In advance keep ready addressed Envelopes for
  (Forms 13-B and 13-C), complete Form 13-D
  (instructions for guidance of electors) together
  with blank Form 13-A (declaration by elector).

13
Contd

• Enter the Part Number of roll and Sr. No. of the
  elector on the counterfoil.
• Mark "PB" against the entry of elector in the
  marked copy of last part of electoral roll.
• Sr. No. of postal ballots shall not be mentioned
  in the marked copy of roll.
• Sr. No. of ballot to be written in ink correctly
  on the envelope (Form 13-B) containing PB.
• Fill up the hour and date fixed for commencement
  of counting of votes in the relevant space
  provided in Form 13D.

14
Contd

• The covers in Form 13-B and 13-C for election to
  House of People will be in Green color and for
  Legislative Assembly in Pink color.
• Write "W" on the cover in 13-C in the case of
  female voter.
• Postal Ballot Paper, Form 13-B 13-C, Form 13-A
  and Form 13-D as prepared will be put inside a
  larger cover addressed to the service voter.
• Proper postage stamps should be affixed on above
  larger cover.
• Separate larger cover for each elector, even in
  the case of husband and wife.

15
Contd

• Address/ particulars, on the covers must be clear
  and proper. (otherwise the PB will come back
  undelivered)
• All larger covers addressed to service voters
  attached to each record office will be put inside
  one packet and the packet will be dispatched to
  record office by the Postal Department Staff.
• For service voters employed under GoI in a post
  outside India, these shall be sent by ordinary
  airmail service.
• Voters, who have been issued PB, are not entitled
  to vote in person at a PS.

16
References

• ECI letters No. 52/2008 JS-II dated 21st October
  2008.
• No. 52/2009/JSII SDR dated 4th February 2009.
• No.52/2009/SDR (JS-II) dated 25th March 2009.
• No.52/2012/SDR dated 13th August 2012.

17
Sealing of counterfoils and marked copy of Rolls

1. Counterfoils of postal ballots, issued, shall be
   sealed by RO in a packet.
2. Marked copy of last part of Electoral roll
   relating to service voters, also to be sealed in
   separate packet.
3. Brief description of contents inside the packet
   with date of recording to be mentioned on both
   these packets and kept in safe custody of RO.
4. These packets to be transmitted to DEO for safe
   custody after declaration of result.

18
Return of polled PB from service voters

• R.O. to give a daily report to the Observer
  concerned when he starts receiving the polled
  postal ballot papers from the service voters
  indicating the cumulative number of such polled
  PBs.
• When the Observers leave the constituency after
  the poll is over they shall indicate the number
  of postal ballots received till the date of
  departure in their report to the Commission.

19
Intimation by other categories of voters to vote
by post

• Except Service voters and Electors under
  Preventive Detention (whose name and details are
  furnished by the State Govt.) all other class of
  electors eligible to vote by post have to be
  intimate/ apply to the RO in Form-12 of CE Rules
  1961 in advance for issue of Postal Ballot
  paper.
• Intimation by special voter at least 10 days
  before poll. (R.19)

20
Intimation by electors under Preventive Detention

• In case of electors under preventive
  detention, the Home department will communicate
  to RO within 15 days after the date of
  notification of the election- about the
• names and addresses of all such voters in the AC
• respective places where they are being so held.

21
Contd

• c. Elector may also send intimation to RO
  specifying name, address, Part No. Sr. No.
  in the roll and place of detention.
• d. In either case, before sending PB, it is to
  be ensured that the name is entered in the roll
  and the person is held under preventive
  detention.

22
Issue of postal ballots to other categories

• Special voters electors under prevention
  detention -
• PBs shall be sent by registered post, to special
  voters, (on application in Form 12) and electors
  under preventive detention along with -
• (a) Form of Declaration in Form - 13-A.
• (b) A cover in Form 13-B (containing
  postal ballot paper)
• (c) A cover addressed to the RO in Form
  13-C (without postage stamp)
• (d) Instructions for the guidance of the
  elector in
• Form 13-D.

23
Contd

• (ii) Above documents at (a), (b), (c) and (d)
  shall be placed inside a larger cover. This cover
  should be properly addressed and postage stamp
  shall be affixed.
• (iii) PB can be delivered personally to a special
  voter in place of sending by post.
• (iv) Postal ballots be issued as expeditiously as
  possible.
• (v) Write "W" on the cover in Form 13-C in case
  of female voter.

24
Contd

• Voters on election duty --
• Sponsoring authorities to create a database of
  its employees in which all electoral information
  of its employees like complete residential
  address where the staff is enlisted in the
  electoral roll, No. name of Assembly
  Constituency, Part No. of relevant electoral roll
  and the serial number at which the name is
  registered, EPIC No., name of polling station,
  shall be incorporated.
• The sponsoring authority to forward the list of
  its employees to the CEO / DEO with the relevant
  information.
• In case electoral information in respect of any
  polling official is not received from the
  sponsoring authority, the RO has to collect this
  information using web search and SMS query
  facility.

25
Contd

1. The RO should generate through software
   application in Form-12 for all the employees who
   are issued call letters for training and send
   pre-printed Forms to the employees along with the
   call letter requesting them to bring signed
   applications in Form-12 on the date of the first
   training.
2. RO should keep ready postal ballot papers for
   issue to all employees at the time of training.
3. One officer should be deputed by RO for issue
   of PB and to maintain an account thereof.
4. Postal ballot papers not issued in the first
   training shall be reissued on the subsequent
   training.

26
Contd

1. The RO to keep all unissued pre-prepared PBs
   after all trainings are over, in a separate
   sealed cover with proper record of employees who
   could not be issued postal ballot papers.
2. These employees will be entitled to vote in
   person in the normal course at the polling
   station in which he is registered as an elector.

27
Facility for casting of votes to other categories

• Voters on election duty --
• Postal ballot papers shall be distributed to the
  polling officials on the second round of training
  after verification of ID.
• A facilitation centre with drop box shall be
  opened for collection of postal ballot from
  polling personnel at the training venue during
  all training sessions.
• One Gazatted officer shall remain present during
  training sessions for verification of declaration
  in Form 13A.

28
Contd

• Separate time should be allocated in the training
  for explaining the procedure of marking and
  depositing of postal ballot papers.
• Time should also be given for employees to fill
  up declaration in Form 13A, verification by
  Gazetted officer, marking of postal ballot, and
  depositing of postal ballot in the ballot box.

29
Contd

• A ballot box shall be kept at the training
  location, to facilitate employees to deposit
  their postal ballots in this ballot box after
  marking them.
• (Kindly see Commissions instructions No.
  52/2012/SDR, dated 13/08/2012)

30
Postal Ballot for Police Personnel on poll duty

• All police force from constable to DGP are
  notified under Sec.28A of R.P.Act, 1951 as on
  deputation to ECI during election period.
• On the basis of judgment of Honble Madras High
  Court dated 22.08.2012 in W.P. No.4783 of 2006
  titled K. Shivakumar Vs. CEC Ors. all police
  personnel, except those on leave during the
  election period, are treated as personnel on
  election duty and hence entitled to vote by
  Postal Ballot.

31
Contd

• State Police Deptt./ Superintendent of Police to
  incorporate in the database of all police
  personnel all electoral information of its staff
  -like complete residential address, with PIN
  code, where the staff is enlisted in the
  electoral roll, No. name of Assembly
  Constituency, Part No. of relevant electoral roll
  and the serial number at which the name is
  registered, EPIC No., name of polling station
  etc..
• This SP should be informed about the manner in
  which the electoral information can be easily
  found out by doing name search on the internet at
  website of CEO and also by sending SMS query.

32
Contd

• Have to submit application in Form-12 for
  availing the facility of PB, within the period
  given in rule 20 of C.E. Rules, 1961.
• RO to ensure issue of postal ballot papers to all
  police personnel whose application in Form-12 are
  received in time through SP. This can be combined
  with training of police officer on poll duty.
• SP should then organize a special facilitation
  camp for police officers on poll duty for casting
  postal ballots.

33
Contd

• One Gazetted officer should be deputed for
  attestation of the Form of Declaration in
  Form-13A made by elector to whom PB is issued.
• Register should be maintained to keep correct
  account of PBs issued.
• A ballot box shall be kept at the facilitation
  centre and police officers who have been issued
  postal ballot should be told to deposit a postal
  ballot in this box after marking them.
• (Kindly see Commissions instructions No.
  52/2012/SDR, dated 13/08/2012 and 16/10/2012)

34
Postal Ballot for Drivers/ Conductors and Cleaners

• DEO to appoint a nodal officer for requisitioning
  of vehicles for poll duty It shall be the duty of
  the nodal officer to collect
• information needed to issue postal ballots to
  drivers/conductors/cleaners
• of requisitioned vehicles. who shall collect
  information from Vehicle owners about No. and
  name of Assembly Constituency, EPIC no. and
  serial no. in electoral roll, no. and name of
  polling station where he is enrolled.
• Drivers/ Cleaners should bring their EPIC when
  they report duty.

35
Contd

1. One Officer well trained in the process of
   elector search should be deputed.
2. From the EPIC details of information, regarding
   complete address no. and name of AC, Polling
   Station where he is enrolled EPIC no. should be
   entered in a register. He may also use search
   facility.

36
Contd

• VII. The Nodal Officer shall get the signature of
  Drivers/ Cleaners/ Conductors in Form 12 and send
  to RO at least 7 days before poll date, so that
  the RO issues postal ballots to them and make
  enters of PB in the marked copy of the roll
• (Kindly see Commissions instructions No.
  52/2012/SDR, dated 13/08/2012)

37
Record of postal ballot papers and EDCs

• (R. 20 (2) and 23 of CE Rules, 1961) -
• In the marked copy of roll "EDC" or "PB", shall
  be marked against the name of such elector.
• The counterfoils should be sealed in a separate
  packet and kept in safe custody.
• After marking "PB" or "EDC", in all cases, marked
  copy of electoral roll to be sealed and be
  supplied to the concerned Presiding Officers for
  the use at PS.
• Serial number of PBs not to be mentioned in the
  marked copy of roll.

38
Register of postal ballot papers

1. A Register of PB issued to persons drafted for
   election duty to be maintained.
2. A separate register to keep a record of issue of
   PBs to all categories and PBs received back.
3. Format of account Register of PB issued to voters
   on election duty given in next slide

39
ACCOUNT REGISTER OF POSTAL BALLOT PAPERS ISSUED
TO PERSONS DRAFTED FOR ELECTION DUTY
Number and name of the Assembly
Constituency___________________________
Date of Training Session at which
facilitation centre was provided__________________
__ (if there are more than one date,
information may be maintained separately for each
date) Place of facilitation
Centre____________________________________________
____________
Sl. No Name of the Person drafted for election duty and who has submitted Form-12 for Postal Ballot Paper Name and Number of the Assembly Constituency in which the person is deployed on election duty Whether the person is registered as an elector in the constituency   (Yes/No) If yes, Part No. Serial Number in Electoral Roll Date on which Postal Ballot Paper issued Whether the person collected the Postal Ballot Paper in Person   (Yes/No) If yes, Signature of the person with date as token of receipt of P.B. If no, whether the RO has taken action to deliver the P.B at the persons address   (Date of Delivery) Whether the person voted at the facilitation centre   (Yes / No )
1 2 3 4 5 6 7 8 9 10
                   
                   
                   
                   
                   
40
Supply of second set of ballot papers

• Second postal papers along with connected papers,
  may be issued only if
• it returned undelivered
• elector has inadvertently spoilt it or any
  connected paper in such a manner that it cannot
  be used.
• RO shall cancel the spoilt ballot papers so
  returned, seal them in a packet and note the Sr.
  No. of PB.

41
Return of postal ballot papers

1. Every day a designated officer should take all
   the contents of the box, make necessary entries
   in the Register.
2. keep the register and the sealed covers of PBs
   under proper lock and key.
3. Entries in the register should be countersigned
   by RO/ARO on each day.
4. Polled PBs received back before commencement of
   counting shall be treated as received in time.

42
Contd

1. PBs received late, i.e. after commencement of
   counting of votes, not to be counted and must be
   rejected.
2. Date and time of receipt to be noted on covers.
   Such entry should be made in register also.
3. Such rejected PBs not to be included in Form 20
   and 21-E.
4. To facilitate speedy return of postal ballot
   papers a special box with secured locks, should
   be kept in the office of RO, so that voters who
   have received PBs may come and drop in that box
   their marked ballot papers.

43
Issue of E.D.C.

• R. 22 (2) of CE Rules 1961
• "Election Duty Certificate" in Form 12 B may be
  given to Presiding Officers, Polling Officers and
  other public servant posted on election duty
  within the same constituency but in a different
  polling station and not to a polling agent.
• "EDC" on application in Form 12-A only.
• "EDC" holders should not to be issued PB.
• All persons on election duty to apply for PB
  rather than EDC.

44
COUNTING OFPOSTAL BALLOT PAPER
45
Counting of votes received by post
Relevant provisions of election law Relevant provisions of election law
Sec.64 of R.P. Act, 1951 Done under the supervision and direction of the RO. Candidate/ election agent/ counting agents have right to be present.
Rule.54A of C.E. Rules, 1961 Counting of PBs to be taken up first. Rule.54A of C.E. Rules, 1961 Counting of PBs to be taken up first.
46
steps to be taken for counting of Postal
Ballot Paper (PB)

• Cover in Form 13C ( containing PB) received
  after expiry of time fixed for counting shall not
  be opened.
• Covers in Form 13C received in time to be
  opened one after another.
• The declaration in Form 13A to be scrutinsed
  first.

47
Contd

• Do not open (Form13B) containing the PB If
  declaration in Form 13A not found inside Form 13
  B.
• Reject the PB by making suitable endorsement
• on the cover (Form13B) containing the PB.
  
• The declaration in Form 13A not to be treated as
  proper declaration in following cases----
• Declaration is not signed by the elector
• Declaration is not attested
• Declaration is not attested by authorized
  person
• The Sl. No. of ballot paper is different from the
  Sl.No. written on the cover in Form 13B

48
continued.

• Do not open (Form13B) containing the PB unless
  the declaration in Form 13A is found to be
  proper.
• The declarations in Form 13A not found in order
  to be put back inside the respective cover in
  Form 13C
• All such covers in Form 13C to be kept in a
  separate packet and sealed

49
Procedure for counting of PBs

• Place all declarations in Form 13A found in order
  in a separate packet and seal it before taking
  out the polled PBs from the covers in Form 13B.
• Record name of the constituency, date of counting
  and a brief description of its content on the
  packet.
• Now Open each Form 13B and take out the PB and
  scrutinize to decide its validity.
• Repeat this exercise till all PBs are taken out
  from their covers in Form 13B.

50
Grounds for rejection of PB

• If there is any mark or writing by which elector
  can be identified.
• If no vote is recorded.
• If vote is given in favour of more than one
  candidate.
• If vote is recorded in such a manner that it is
  doubtful to which candidate it has been given.
• If it is a spurious Ballot Paper.
• If the PB is not put inside the cover in Form
  13B but kept with the declaration in Form 13A
  inside the larger cover in Form 13C.

51
Grounds not sufficient for rejection of PB

• The PB to be treated as valid if the intention of
  the voter clearly appears from the way the
  Ballot Paper is marked. There is not particular
  mark prescribed by law for recording of vote.
• Do not reject a PB on following grounds--
• The mark indicating the vote is indistinct.
• The mark is put more than once against the same
  candidate .

52
Action after completion of counting of PB

• record the total of valid votes polled in favour
  of each candidate.
• record the total in the result sheet in Form 20
  and announce the same.
• make a bundle of all the valid PBs.
• make a separate bundle of PBs rejected at the
  time of counting.
• keep the two bundles of valid and rejected PBs
  in a packet and seal it with seal of RO and
  candidates etc.

53
Suggested Reading Material

• Sec.20 of the RP Act,1950
• Section 60 and 64 of the RP Act, 1951
• Conduct of Election Rules, 1961Rule. 17,
  18(a)(c), 20-21 27B and 54A
• RO's Hand Book
• (v) Instructions of ECI--
• ECI letters No. 52/2008 JS-II dated 21.10.2008.
• No. 52/2009/JSII SDR dated 04.02. 2009 and
  25.03.2009
• No.52/2012/SDR dated 13.08.2012 and 16.10.2012

54
THANK YOU